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Judge Rebukes DOJ as Border Patrol Chief’s Deposition Stalls in Chicago Use-of-Force Case

A discovery showdown over policy contacts, training guidance plus threat rationale now frames what the judge may consider at the imminent injunction hearing.

Overview

  • The deposition of U.S. Border Patrol Cmdr. Gregory Bovino repeatedly stalled as DOJ objections piled up, prompting a mid‑deposition hearing before Judge Sara Ellis.
  • Ellis reprimanded DOJ lawyer Sarmad Khojasteh for interruptions and ruled that questions tied to use‑of‑force justification—including contacts with Stephen Miller, discussions with DHS Secretary Kristi Noem and Los Angeles training footage—were fair topics.
  • The Seventh Circuit halted Ellis’s order for daily use‑of‑force briefings from Bovino, while her limits on tear gas, body‑camera requirements and conspicuous identification remain in effect.
  • Bovino’s videotaped testimony is under a protective order, with portions expected to surface at Wednesday’s injunction hearing on potential longer‑term limits.
  • Plaintiffs cite indiscriminate tear‑gas use during Operation Midway Blitz, and they sought to probe whether a charged $10,000 bounty case influenced Bovino’s assessment of threats; he was initially instructed not to answer.